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PHOENIX DUI DRUNK DRIVING TESTS DUI / DWI Lawyers in Phoenix, Arizona There are a variety of tests employed by law enforcement to try to determine if a driver is under the influence. Each of these tests, however, has its deficiencies, which we can use in your defense of a DUI charge. Field Sobriety Tests You are not required, under Arizona Law to submit to field sobriety tests (“FST”), which include a variety of different tests such as walking heel to toe, saying the alphabet, balancing on one leg, touching your nose with the point of your index finger, and also the horizontal gaze nystagmus test, which is the test that the officer does when an he or she looks into your eyes and asks you to follow a light or their finger with your eyes. In the horizontal gaze nystagmus test, the officer is attempting to assess how smooth, or jerky, your eyes are when moving side to side. Police officers do not generally have any training in the physiology of the eye, and are typically are not qualified in court to testify as an expert regarding any eye dysfunctions. You have the right to refuse field sobriety tests. Unlike chemical testing, Arizona DUI law does not require any person to submit to field sobriety tests. Therefore, it is best to politely refuse performing any FST for the officer. Blood-Alcohol Content After a person is arrested for DUI, the most common inquiry is the blood alcohol content (“BAC”) level was. In Arizona, if someone is positive for a BAC of .08 or more, they are charged with DUI or DWI. If the BAC level is .15 or more, the charge is Extreme DUI. If the BAC level was .20 or more, the charges "Super Extreme DUI." A Super Extreme DUI as severe penalties, so it is important to get legal advice as soon as possible. Of course, you can still be charged with DUI even if your BAC is lower than .08, if your driving has been impaired. There is medical literature arguing that a person becomes impaired at a blood alcohol level of .05. Breathalyzers and Blood Tests (Chemical Testing) Police officers most commonly use a breath testing machine called the “Breathalyzer” to determine the blood alcohol level of a driver. When someone consumes alcohol, it is absorbed into their bloodstream. Alcohol is water soluble and the vast majority of alcohol is absorbed through the stomach and small intestines. If you have food in your stomach, that will slow the absorption rate. Once, however, alcohol reaches the bloodstream, it is very quickly distributed throughout the body. Blood is then pumped into the lungs, where alcohol then moves across the alveolar sacs in the lungs. The breathalyzer then attempts to measures the concentration of alcohol present in one’s breath. This test is not 100% accurate, and there are several sources for error. Breathalyzers must be property calibrated and are sensitive to the temperature of the surrounding air and also of the subject. The machines can also give false readings. Unlike field sobriety tests (FST) it is normally advisable to take the breath test or submit to the blood test because refusing either test results in an automatic one year suspension of your license, irregardless of the outcome of your DUI case, and even if your DUI case gets dismissed. Call for a Free Consultation If you have been charged with DUI/DWI in Phoenix or any of the surrounding cities, please contact our office for a free in person consultation to discuss your legal rights and explanation of how we can help you. We offer quality and aggressive defense with affordable attorneys fees. Our lawyers practice in all areas of DUI and DWI Defense law and criminal law throughout the Phoenix metropolitan area in all Arizona including Ahwatukee, Apache Junction, Avondale, Buckeye, Chandler, El Mirage, Florence, Fountain Hills, Gilbert, Glendale, Goodyear, Litchfield Park, Mesa, Paradise Valley, Peoria, Scottsdale, Sun City, Surprise, Tempe, and Wickenburg. |
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